Heineken Disclaimer

terms and conditions

Welcome to our website dedicated to our brand Heineken® (the “Website”). You should be of legal drinking age in your country to visit the Website.

These Terms and conditions together with our Privacy and Cookie Policy (the “Terms”) govern your use of this Website.

Applicability

These Terms apply to all visits to and all use of this Website of Heineken Brouwerijen B.V., located at Tweede Weteringplantsoen 21, 1017 ZD Amsterdam, the Netherlands ("HEINEKEN"), as well as to all information, recommendations and/or services provided you on or through this Website (the "Information").

By using this Website you agree to the applicability of these Terms. We note that these Terms may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms. Users of the Website are advised to regularly read the Terms for possible changes.

Information and Liability

The Information is for general information purposes only and does not constitute advice. HEINEKEN shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of the Information, unless such damage is the result of any wilful misconduct or gross negligence on the part of HEINEKEN.

HEINEKEN shall furthermore not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HEINEKEN, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You can use the Website only for purposes in line with these Terms. You are permitted to make copies of (parts of) the Website for personal use. You must not use any part of the content on our Website for other purposes without obtaining a written licence from us.

Indemnification

You agree to indemnify us from and against any actions, claims and liabilities arising out of or relating to your violation of these Terms or any unlawful use of the Website.

Miscellaneous

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms are governed by Dutch law. Any dispute or claim arising out of or in connection to the use of the Website will be settled by the courts of Amsterdam, the Netherlands.

MODERATE DRINKERS WANTED CAMPAIGN CONTEST

1. Only persons aged 18 years old and above are eligible to participate in this Contest as hereinafter defined.

2. Subject to clause 1 above, this Contest is open to all Singapore citizens, permanent residents, holders of valid employment passes or work permits, with the exception of employees of Asia Pacific Breweries (Singapore) Pte Ltd (“APBS”, “us” or “we”), its affiliate companies, associated agencies, advertising agencies, dealers, distributors, vendors, participating outlets, promoters and their relatives.

3. To the fullest extent permitted by law, the term “APBS” shall also include third parties (including but not limited to any agent, partner, participating establishment and/or contractor) involved in the running and/or mechanics of this Contest.

AGREEMENT TO TERMS, CONDITIONS, RULES AND REGULATIONS

4. By participating in this Contest, participants agree to and shall abide by, the terms and conditions and rules and regulations (the “Terms and Rules”) applicable to and governing this Contest.

RESERVATION OF RIGHTS

5. APBS reserves the right at any time and in its absolute discretion to vary the Terms and Rules (or any part thereof) and/or to withdraw or terminate the Contest without prior notice or reason.

6. All decisions made by APBS in relation to the Contest, its Terms and Rules and any aspect thereof are final and binding and no correspondence will be entertained.

c. if unclaimed in accordance with the Terms and Rules, will be dealt with at APBS’s sole discretion; and
d. APBS reserves the right to cancel, change, substitute or remove the said products, goods, items premiums and/or prizes at any time without prior notice.

WARRANTY AND USE OF RECORDS

8. Each participant warrants that any information provided pursuant to this Contest (including but not limited to name, identification number, contact details and number(s) and/or addresses) is true, accurate, valid and to be relied upon by APBS. Each participant shall be responsible for keeping APBS informed of any update to the information initially provided, as necessary. By providing his/ her personal information to us, the participant fully understands and clearly consents to our use of his/ her personal information for our marketing communications and/or marketing analysis (the “Purpose”). We will not disclose a participant’s personal information to third party organisation(s) other than our affiliate companies, agents, agencies and participating outlets.

9. By participating in this Contest, the participants agree to take part in any promotional or publicity exercise as may be conducted by APBS. Any record in any medium arising out of or in connection with such promotional or publicity exercise including but not limited to the participants’ performance, appearance, likeness, personal particulars, photographs, audio/visual recordings and/or written responses (the “Records”) shall to the fullest extent permitted by law be the sole property of APBS and in any case the participants hereby irrevocably and unconditionally at no cost, grant APBS all consents and waivers necessary for APBS to make or retain such Records and use and/or publish the same in any manner as APBS shall in its sole discretion deem fit in relation to the Purpose.

10. Where permissible and to the fullest extent permitted by law, each participant expressly waives all rights which the participant may acquire or have or be entitled to under the law (and any subsequent enactment or amendments thereto) in respect of or in relation to, the Records.

12. APBS accepts no responsibility and will not be liable for any loss, injury, expense, delay or irregularity (“Loss”) arising out of or in connection with the Contest.

13. In particular and without prejudice to clause 12, APBS disclaims any liability in respect of any Loss (whether suffered by the participants, their families or third parties) arising from or in connection with or as a result of:

a. any incomplete or inaccurate or illegible information provided by the participants;
b. any third parties’ provision of goods and/or services (including but not limited to any communication, delivery or electronic messaging services); and
c. The possession and/or use of the Goods and Services as defined hereafter.

14. APBS makes no product representation or warranties, expressed or implied and disclaims any and all liability, as to the condition, quality, merchantability or fitness for use of prizes, premiums, goods, products, items and/or services pertaining and/or provided to or received by the participant pursuant to the Contest (the “Goods and Services”).

CONTEST DETAILS

15. The details of the Contest are set out in Schedule 1.

OTHER TERMS

16. Unless otherwise stated, APBS is under no obligation to contact winning participants to inform them of their prize or prize collection details. Should APBS choose to do so, we will make only reasonable efforts to contact winning participants.

17. Any prize collection/redemption must be supported by original identification and any original receipt/document matching the winner’s registration details. APBS reserves the right to reject any winner who at the time of prize collection or redemption, cannot produce the necessary original supporting document(s), or if the supporting document(s) is/are defaced, torn, damaged or illegible.

18. Winners are to collect and/or redeem their prize within the stated collection/redemption period. APBS reserves the right to forfeit any prize that is not collected and/or redeemed within the aforesaid period.

19. Where registration is required prior to participation in this Contest, each participant shall be responsible for furnishing correct and accurate details.

20. Without prejudice and in addition to any term herein, APBS shall not be liable for any loss or claim arising from any delay, error or otherwise arising from any communications, hardware or software failure.

21. Proof of entry submission mailing is not proof of receipt. APBS will not be responsible for lost, late, damaged, corrupted, illegible, misdirected or incomplete entries, or for entries not received due to lost, failed, delayed or interrupted communications or to other delays, or errors of any kind in the transmission or receipt of entries.

22. Failure to comply with any of the Terms and Rules of this Contest will result in an invalid entry/disqualification.

23. Without prejudice to any of its other rights, APBS reserves the right to disqualify any participant for fraud and/or reject fraudulent entries as determined in its sole discretion.

SCHEDULE 1

CONTEST DETAILS

1. The Contest will run from 6 April 2016 to 25 May 2016 (“Contest Period”).

2. To participate in the Contest, participants are encouraged to submit on Instagram a photo of themselves on a great night out and share the reasons why people should drink in moderation. Participants must accompany the entry with the official campaign hashtags #ModerateDrinkersWanted and #HeinekenSG, (each an “Entry”), and they will be considered by APBS for selection to receive one year’s worth of complimentary taxi rides from Heineken. All details of the complimentary taxi rides (including but not limited to the choice of taxi service provider, the value, destination and duration of each ride) shall be at APBS’s sole discretion and subject to change without notice

3. APBS will take into consideration various factors such as originality and creativity of the photos and comments. Winning participants shall be determined at the sole and absolute discretion of APBS.

4. Entries must not: (i) refer to people who are, or appear to be, under 18 years old; and (ii) contain any inappropriate, illegal, offensive, obscene or otherwise objectionable material that could bring APBS, its affiliates, brands or trademarks into disrepute.

5. Each participant may submit only one (1) Entry for the Contest. Multiple entries entered by a participant will be disregarded.

6. Only Entries sent to us during the Contest Period and received by APBS by 25 May 2016, 2359 hours will be eligible for the Contest. Only Entries sent in the correct format as stated hereinabove will be eligible. Incomplete and/or inaccurate entries sent will be automatically rejected.

7. One (1) winner will be contacted by APBS during the Contest Period in the following manner.

The winning participant will be contacted by way of a comment by APBS on his/ her Entry on 30 May 2016 and such winning participant will have to claim the prize by no later than 31 May 2016 at 1700 hours.

8. If the prize winner fails to respond within 24 hours of the first notification attempt, the said prize winner shall be deemed to have forfeited his/her right to claim the prize. Successfully notified winning participant will have to claim the prize by the stipulated day and time and will be informed the details of the claim procedure.

9. Prize winner:

a. must utilize the prize and no transfer of name or exchange of the prize for any other will be allowed. All prizes are subject to the issuing or co-ordinating organisations’ terms and conditions as applicable;
b. warrants that he/ she will not mention the prize and associate themselves with Heineken and/ or the Enjoy Heineken Responsibly Contest on social media;
c. shall not conduct himself/ herself in any manner which is not in the interest of or beneficial to the image or reputation of the Heineken brand and/ or the Contest. Without prejudice to the generality of the foregoing, the prize winner warrants that for the period during which the prize is being utilized, he/ she must present himself/ herself appropriately when consuming alcohol and practice moderate drinking where possible, and should not incite or promote drinking excessively; and
d. must comply with the Terms and Rules of this Contest, failing which APBS shall be entitled at any time to withdraw the prize and in this regard, the winner shall be deemed to have forfeited the balance of the unutilized taxi vouchers.

10. APBS has the sole discretion to reject any entries, which do not conform to the aforesaid terms.

PRIVACY POLICY

General

Heineken Brouwerijen B.V., located at Tweede Weteringplantsoen 21, 1017 ZD Amsterdam, the Netherlands (“HEINEKEN”) is the controller of the processing of all personal data collected through this website dedicated to our brand Heineken® (the “Website”). HEINEKEN respects your privacy and complies with applicable privacy laws.

HEINEKEN only processes personal data that a user voluntarily provides to Heineken on the Website. This information may include such user’s first and last name, e-mail address, date of birth, address and country of residence. HEINEKEN’s purpose in gathering and transferring such personal data will be to provide a user with services available on the Website, for example to participate in a promotional campaign.

Transfer, storage and processing of data

The transfer, storage and processing of data collected through the Website is secured by means of current, usual technical measures. If your personal data has not been used for 12 months, HEINEKEN will delete your data.

HEINEKEN may transfer your personal data to its group companies. HEINEKEN may also provide your personal data to third parties if needed to provide the services available on the Website, which third parties will process your personal data according to instructions of HEINEKEN and under the responsibility of HEINEKEN. HEINEKEN will not provide your personal data to any other third parties, unless there is a legal obligation to do so.

Access, correction and removal

COOKIE POLICY

The Website will make use of so-called "cookies". Cookies are small text files that the Website stores on your user device.

Cookies used on the Website

The Website only uses the following cookies and for the following purposes:

Functional cookies: cookies used to enhance the user friendliness of the Website for visitors. For example, a cookie is placed to remember that you passed the age gate webpage when you are above legal drinking age. Without this cookie, you would have to re-submit this information on every webpage. The functional cookies of the Website that are stored by HEINEKEN on your computer only remain valid during your session on the Website.

Analytics cookies: HEINEKEN uses Google Analytics cookies, with the purpose to analyse how visitors use the Website. HEINEKEN can then make improvements to the usability of the Website. Google only processes data obtained via the Website in an anonymous form. Please visit www.google.com/analytics for more information on Google Analytics.

Third party cookies: the Website allows cookies of social plugins of certain third parties. This enables a user to share content of the Website on social networks. These plugins also enhance the user friendliness of the Website. The (use of the) data collected by these third parties via the social plugins are exclusively determined by such third party as HEINEKEN cannot read these cookies (nor can these parties read the cookies of HEINEKEN). For information regarding these third party cookies please check the respective third party’s privacy policy.

Changing your settings

By changing the settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website.

Contact

This Privacy and Cookie Policy may be changed over time. Such changes shall be effective immediately upon the posting of the modified Privacy and Cookie Policy. Users of the Website are advised to regularly read the Privacy and Cookie Policy for possible changes